United States Fidelity & Guaranty Co. v. White
Mississippi Supreme Court
Appeal from the circuit court of Neshoba county. Hon. O. L. Dobbs, Judge. Suit hy United States Fidelity & Guaranty Company against F-. L. White. From a judgment for defendant, plaintiff appeals. Plaintiff was surety on the bond of defendant, who was an employee of the Newton Oil Company. The oil company claimed that the defendant had defaulted as its employee and made demand on plaintiff as defendants bondsman for the amount of the defalcation.
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Appeal from the circuit court of Neshoba county. Hon. O. L. Dobbs, Judge. Suit hy United States Fidelity & Guaranty Company against F-. L. White. From a judgment for defendant, plaintiff appeals. Plaintiff was surety on the bond of defendant, who was an employee of the Newton Oil Company. The oil company claimed that the defendant had defaulted as its employee and made demand on plaintiff as defendants bondsman for the amount of the defalcation. Plaintiff paid the amount demanded and, on defendant’s failure to reimburse it, sued on the contract. Plaintiff introduced in evidence the contract…
1Opinion of the CourtCook, J.
According to the record, appellant, plaintiff below, proved its case in a rather crude manner, but we think enough was proven to escape a peremptory instruction, and the judgment is therefore reversed and the cause remanded.
The record in the case entirely ignores the rules of this court. • Two-thirds of the matter copied into the record is dead wood and imposes upon the losing party a tax *31wholly unwarranted and grossly excessive. This is not the first instance that records coming here from this county have been burdened with redundant matter; and it will be ordered that no costs will be…
2Cited by3 opinions
- American Surety Co. Of New York v. InmonCourt of Appeals for the Fifth Circuit · 1951
- Masonite Corporation v. GuyMississippi Supreme Court · 1955
- Masonite Corporation v. GuyMississippi Supreme Court · 1955